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2022 Supreme(Chh) 185

NARENDRA KUMAR VYAS
Jhunni Bai D/o Bishambhar – Appellant
Versus
Ram Bharosa alias Bharosa S/o Kanwali Ram Bhoi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.P. Gupta.
For the Respondent: Ms. Ishwari Gritlahre.

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. The appellant/defendant No. 2 has filed the Second Appeal under Section 100 of the C.P.C. challenging the judgment and decree dated 27.01.2009 passed by the learned Additional District Judge, (F.T.C.) Balod District-Durg in Civil Appeal No. 08-A/2007, by which learned Additional District Judge, Balod has dismissed the appeal affirming the judgment and decree dated 20.12.1999 passed by the Second Civil Judge Class-2, Balod, District-Durg in Civil Suit No. 229-A/98 by which learned Second Civil Judge Class-2 has allowed the suit in part by declaring that plaintiffs after death of Kachra Bai are entitled to get 1/4th share in the suit property.

2. The appeal was admitted on 03.07.2020 on the substantial question of law which was further modified on 05.07.2021 and the substantial question of law has been reframed as under:

    (i) Whether both the Courts below were justified in decreeing the suit by holding that documents Ex.D/1 and D/2 are inadmissible in evidence under the law for want of registration thereby recorded a perverse finding?

3. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 229-A/98.

4.

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